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Austrian Administrative Court: Special Tax Rate for Foreign Bank Derivatives
Tax LawThe Austrian Administrative Court (Verwaltungsgerichtshof, VwGH) has ruled that income from non-securitised derivatives may be subject to a reduced tax rate even if they are handled through a foreign bank. The previous regulation was in violation of ...
DE: ECJ Decision – Do Late Flight Arrivals Constitute Cancellation?
European LawThe Court of Justice of the European Union (ECJ) must currently decide by way of preliminary ruling to what extent compensation under the EU Passenger Rights Regulation requires a passenger’s appearance at check-in in cases where passengers know that...
OGH: Fictitious Managing Director's Salary as Compensation for Damages
Civil LawIn case a contract-fulfilling party does not conclude a coverage agreement, only the abstract calculation of damages can be considered. A lease agreement for a hospitality business was concluded between the plaintiff (lessee) and the defendant (lesso...
OGH on the Exclusion of Compensation Waivers
ZivilrechtIn the case at hand, the Austrian Supreme Court (Oberster Gerichtshof, OGH) dealt with the question of whether an insurance company's obtaining knowledge of a claim in a way other than through the policy holder precludes exemption from payment of com...
VwGH: Airbnb’s ‘Commercial Use’ As Defined by the Vienna Building Code
Administrative LawThe Austrian Administrative Court (Verwaltungsgerichtshof, VwGH) has ruled that in determining commercial use for short-term accommodation purposes (e.g. on Booking.com and Airbnb) within the scope of Section 7a (3) of the Vienna Building Code, a con...
DE: Federal Court of Justice on VW Emissions Scandal Limitations
Civil LawDiesel plaintiffs can only hope to receive money in a time-barred claim for damages if their vehicle is a new VW. In the case of other makes with VW engines, there is no claim for so-called compensation for any residual damages, according to the Germ...
DE: Timing Is Critical in Dealing with Defects in the Purchase of Real Estate
Civil LawShould a purchaser be represented by an agent without power of attorney when concluding a contract for the purchase of real estate, the time at which the purchaser submits their authorisation is critical should the purchaser become aware of any defec...
OGH: Rent Surrender to Property Purchaser
Civil LawIn the case at hand, the Supreme Court (Oberster Gerichtshof, OGH) dealt with the claim of a real estate buyer claiming the surrender of rent. The defendant was the owner of a plot of land for which a purchase offer was concluded with the plaintiff. ...
OGH on the Right of Recourse by a General Contractor
Civil LawIn the case at hand, the Austrian Supreme Court (Oberster Gerichtshof, OGH) dealt with the question of a general contractor's recourse against his sub-subcontractor pursuant to Section 1313 second sentence of the Austrian Civil Code (Allgemeines Bürg...
Laesio enormis in the Case of a Purchased Object with Insidious Spreading Loss:
Civil LawIn the case at hand, the Austrian Supreme Court (Oberster Gerichtshof, OGH) dealt with the question of whether, when assessing the disproportion between performance and counter-performance in the case of reduction of a sum by more than half (laesio e...
Consumer Protection Sec 3 Applies in Reverse Consumer Transactions
Civil LawPart I of the Austrian Consumer Protection Act (Konsumentenschutzgesetz, KSchG) not only applies to typical cases where a business is the provider of goods or services within the scope of a consumer transaction. The fact that a consumer holds the pos...
GERMANY: Burden of Proof in Travel Compensation
Civil LawThe German Federal Supreme Court (Bundesgerichtshof, BGH) ruled on the burden of proof by a tour operator with regards to claim for reasonable compensation in the case of cancella-tion of a trip by travellers before the beginning of a trip. Even if a...
GERMANY: BGH on the Scope of the Right to a Fair Hearing
Procedural LawAccording to the German Federal Supreme Court (Bundesgerichtshof, BGH), the defendant's right to be heard is violated if the court of appeal awards the plaintiff more than they originally requested. It is true that in the case of a uniform matter in ...
Three Staples Create External Document Unity
Civil LawThe Austrian Supreme Court (Oberster Gerichtshof, OGH) has ruled that a testamentary disposition made in any form other than hand-written is valid if multiple sheets of paper are physically connected by three staples attached to the sides of the page...
EU Parliament Approves Digital Services Act and Digital Market Act
Data Privacy LawOn 07 July 2022, the EU Parliament passed the Digital Services Act and the Digital Markets Act. The Digital Services Act provides for uniform horizontal rules on due diligence and liability exclusions for intermediary services. The Digital Markets Ac...
No Retroactive Legalisation of Secondary residences in Salzburg
Administrative LawThe Austrian Constitutional Court (Verfassungsgerichtshof, VfGH) has annulled the retroactive legalisation of secondary residences contained in the Salzburg Regional Planning Act 2009 (Sbg ROG 2009), as amended after the 2017 ROG amendment, as being ...
Germany: No Claim Extension in Appeals
Procedural Law ZivilrechtChanging the matter in litigation during appeal proceedings in order to increase the likelihood of success of the action is not permissible. According to the German Federal Supreme Court (Bundesgerichtshof, BGH), such a change would affect the intere...
Germany: New Supply Chain Due Diligence Act (LkSG)
Corporate LawThe new German Supply Chain Due Diligence Act (Lieferkettensorgfaltspflichtengesetz, LkSG) will come into force on 1 January 2023. This Act introduces new corporate due diligence requirements for corporate management as well as control duties for sup...
Germany’s DiRUG: More Efficient Data Transmission in the EEA
Corporate LawThe Act on the Implementation of the Digitalisation Directive (Gesetz zur Umsetzung der Digitalisierungsrichtlinie, DiRUG) is due to come into force in Germany on 1 Au-gust 2022. The DiRUG will implement Directive (EU) 2019/1151 with regard to the us...
Whistleblower Directive: Ready for Implementation in Austria
European LawThe Whistleblower Directive (2019/1937/EU) is being implemented in Austria. Currently, a draft bill, the Whistleblower Protection Act (HinweisgeberInnenschutzgesetz, HSchG) is available. The final decision is expected in autumn, the purpose of the Ac...
OGH: Nuncupation Not Necessary in the Case of a Notarial Will
Civil LawThe Austrian Supreme Court (Oberster Gerichtshof, OGH) ruled that when a testamentary disposition is drawn up before a notary, no personal nuncupation is required. The deceased and his wife concluded a 'contract of inheritance together with a will' i...
OGH: On the Inherent Unity of Testamentary Dispositions
Civil LawThe Austrian Supreme Court (Oberster Gerichtshof, OGH) has ruled that in the case of a testamentary disposition that was not handwritten, the mere continuing of text on another page is not sufficient to establish the internal unity of a document. In ...
OGH: Giphy Takeover by Facebook Permitted
Corporate LawThe Austrian Supreme Court (Oberster Gerichtshof, OGH), as the highest cartel court, has confirmed non-prohibition of the takeover of the GIF platform Giphy by Meta Inc (Facebook), but subject to certain requirements. Facebook parent Meta Inc bought ...
VfGH: Compulsory Vaccination Act Is Constitutional
Public LawThe Austrian Constitutional Court (Verfassungsgerichtshof, VfGH) has declared the COVID 19 Compulsory Vaccination Act to be in conformity with the Austrian Constitution. An appellant from Vienna argued in summary that the available vaccines were unsu...
New Vertical BER in Place
Corporate LawThe EU Commission's new Vertical Block Exemption Regulation (Vertical BER) has been in force since 1 June 2022. It replaces the previous regulation from 2010. The main changes are briefly outlined in the following: Two-way Distribution (Article 2(4))...
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